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My 19yo brother arrested for kissing 13yo girlfriend

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lil_bro_trouble

Junior Member
What is the name of your state? CA

Before I begin I'd like to thank everyone who responds to these threads. You are providing very useful information to those desperate for legal help.

My 19 year old brother has been dating a 13 year old girl (she's turning 14 next month) for a few months. This totally shocked me since he normally dates girls older than him. Also, this girl lied and told him she was 16. I met her once and she's the chubby-looking overly-developed for her age type. Anyway, I guess I'm just trying to establish that he's not a disgusting pedophile and is simply extremely immature and stupid.

Last week they were pulled over by cops for something ( I don't know what it is, but it's not relevant since he didn't get a ticket or get charged for anything driving-related). The cops talked to him and his girlfriend and somehow the fact that they were dating came out. I guess the cops saw the girl's school ID, or maybe just asked her age directly. As they were questioning them, my brother (the IDIOT!!) told the police that the girl was pregnant because he wanted them to leave her alone. I know it's ridiculous, but one time the cops came to our house and got my little sister down on the floor with a lot of force and she had just given birth a few days before. This all because she was yelling at them for knocking so hard on the door and waking her baby.

Anyway, the girl is NOT pregnant, I've confirmed this with her mother. She's actually on her period right now. I know, I know...TMI! Let me add that her mother has been ok with the relationship the entire time. I doubt my bro is even having sex with this girl because they always hang out when the mom is there. Weird, I know, I'd never let my daughter date at that age, but the lady herself got married really young in Mexico.

Anyway, as soon as my brother told them the pregnancy lie, they arrested him and he's been in jail for a few days. The only thing the cops have are a picture of them kissing which they found in the car, and their stupid statements. I found my brother's case online and he's being charged for 2 felonies: 288(a) and 261.5(c). Can someone please advice me how to proceed? If no one is pressing charges can the police hold him for so long without any evidence? Can I do something to get him out ASAP? Both the girl and her mother are willing to cooperate to help him get out?

Thanks in advance!
 


Zigner

Senior Member, Non-Attorney
You should stop trying to defend your brother the child molester. The crimes he is charged with do not stem from "just kissing".

I hope your brother spends a long, long time in prison so that he is away from other young girls!

EDIT: The State of California is pressing charges. The reason for this is to protect people (like this little girl) when the people around her who SHOULD be protecting her aren't.
 

Just Blue

Senior Member
What is the name of your state? CA

Before I begin I'd like to thank everyone who responds to these threads. You are providing very useful information to those desperate for legal help.

My 19 year old brother has been dating a 13 year old girl (she's turning 14 next month) for a few months. This totally shocked me since he normally dates girls older than him. Also, this girl lied and told him she was 16. I met her once and she's the chubby-looking overly-developed for her age type. Anyway, I guess I'm just trying to establish that he's not a disgusting pedophile and is simply extremely immature and stupid.

Last week they were pulled over by cops for something ( I don't know what it is, but it's not relevant since he didn't get a ticket or get charged for anything driving-related). The cops talked to him and his girlfriend and somehow the fact that they were dating came out. I guess the cops saw the girl's school ID, or maybe just asked her age directly. As they were questioning them, my brother (the IDIOT!!) told the police that the girl was pregnant because he wanted them to leave her alone. I know it's ridiculous, but one time the cops came to our house and got my little sister down on the floor with a lot of force and she had just given birth a few days before. This all because she was yelling at them for knocking so hard on the door and waking her baby.

Anyway, the girl is NOT pregnant, I've confirmed this with her mother. She's actually on her period right now. I know, I know...TMI! Let me add that her mother has been ok with the relationship the entire time. I doubt my bro is even having sex with this girl because they always hang out when the mom is there. Weird, I know, I'd never let my daughter date at that age, but the lady herself got married really young in Mexico.

Anyway, as soon as my brother told them the pregnancy lie, they arrested him and he's been in jail for a few days. The only thing the cops have are a picture of them kissing which they found in the car, and their stupid statements. I found my brother's case online and he's being charged for 2 felonies: 288(a) and 261.5(c). Can someone please advice me how to proceed? If no one is pressing charges can the police hold him for so long without any evidence? Can I do something to get him out ASAP? Both the girl and her mother are willing to cooperate to help him get out?

Thanks in advance!
So when did lil'brother find out that this girl is 13?

BTW...The title to you thread is misleading...He wasn't arrested for kissing her...although he COULD have been...He was arrested for telling the officer that his 13 year old girlfriend was preggers....
 

Zigner

Senior Member, Non-Attorney
So when did lil'brother find out that this girl is 13?

BTW...The title to you thread is misleading...He wasn't arrested for kissing her...although he COULD have been...He was arrested for telling the officer that his 13 year old girlfriend was preggers....
And, he wasn't even arrested for THAT! That's just the story he is telling his family.
The charges are unlawful intercourse and unlawful oral copulation. You don't get charged with that just for saying someone is pregnant :rolleyes:
 

CdwJava

Senior Member
Actually, the oral copulation section is PC 288a ... he was charged with PC 288(a). yes, it's odd, but they ARE different.

288. (a) Any person who willfully and lewdly commits any lewd or
lascivious act, including any of the acts constituting other crimes
provided for in Part 1, upon or with the body, or any part or member
thereof, of a child who is under the age of 14 years, with the intent
of arousing, appealing to, or gratifying the lust, passions, or
sexual desires of that person or the child, is guilty of a felony and
shall be punished by imprisonment in the state prison for three,
six, or eight years.


And, the other offense:

261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.



- Carl
 
pedophile

Reagrdless if you want to accept it your brother is a pedophile. He knew she was 13 even if he didnt at first. It was at his first knowledge he should have ended relationship. He didnt and no one (including me) is going to believe he did not know. Furthermore a 19 year old has no business dating a 16 year old but that is just my view. Your brother needs to hire an Attorney and pronto he is facing felong conviction and registration as a sex offender.
 

stealth2

Under the Radar Member
Your brother needs some serious help. He's only lucky it wasn't my 13yo he was "just kissing". He'd be singing soprano for the rest of his life.
 
What is the name of your state? CA

Before I begin I'd like to thank everyone who responds to these threads. You are providing very useful information to those desperate for legal help.

My 19 year old brother has been dating a 13 year old girl (she's turning 14 next month) for a few months. This totally shocked me since he normally dates girls older than him. Also, this girl lied and told him she was 16. I met her once and she's the chubby-looking overly-developed for her age type. Anyway, I guess I'm just trying to establish that he's not a disgusting pedophile and is simply extremely immature and stupid.He has had sex with a 13 year old yes hes a pedophile

Last week they were pulled over by cops for something ( I don't know what it is, but it's not relevant since he didn't get a ticket or get charged for anything driving-related). The cops talked to him and his girlfriend and somehow the fact that they were dating came out. I guess the cops saw the girl's school ID, or maybe just asked her age directly. As they were questioning them, my brother (the IDIOT!!) told the police that the girl was pregnant because he wanted them to leave her alone.At this point he has admitted to a felony I know it's ridiculous, but one time the cops came to our house and got my little sister down on the floor with a lot of force and she had just given birth a few days before. This all because she was yelling at them for knocking so hard on the door and waking her baby.This is related to your brothers problem where?

Anyway, the girl is NOT pregnant, I've confirmed this with her mother. She's actually on her period right now. I know, I know...TMI! Let me add that her mother has been ok with the relationship the entire time.Mom also could be facing charges I doubt my bro is even having sex with this girl because they always hang out when the mom is there. Oh really? Then where was Mom on this day? I am not swallowing that. Was a test done on 13 year old so see if she has indeed had sex? Weird, I know, I'd never let my daughter date at that age,For your sake keep your brother from your children until outcome of case, unless you want CPS at your door but the lady herself got married really young in Mexico. This means nothing

Anyway, as soon as my brother told them the pregnancy lie, they arrested him and he's been in jail for a few days. The only thing the cops have are a picture of them kissing which they found in the car, and their stupid statements.Both give PD enough for arrest I found my brother's case online and he's being charged for 2 felonies: 288(a) and 261.5(c). Can someone please advice me how to proceed? If no one is pressing charges can the police hold him for so long without any evidence?In felony cases (and some others charges do not need to be pressed by victim. They have evidence the statements and picture not mention any medical exams done on minor. Can I do something to get him out ASAP?Save your money for an Attorney it wont be cheap Both the girl and her mother are willing to cooperate to help him get out?Coperate how? by incrimating themselves or lieing on stand?

Thanks in advance!

As you were told hire an Attorney or distance yourself from problem
 
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